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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
June 15,
2005
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Discounted Garage Door Openers
5627 Sepulveda Boulevard, Suite 201
Sherman Oaks, CA 91411
Re: File No. EB-
05-SE-170
Dear Sir or Madam:
This is an official CITATION, issued pursuant to
Section 503(b)(5) of the Communications Act of 1934, as
amended (``Communications Act''), 47 U.S.C. § 503(b)(5), for
marketing an unauthorized radio frequency device in the
United States in violation of Section 302(b) of the
Communications Act, 47 U.S.C. § 302a(b), and Section
2.803(a) of the Commission's Rules (``Rules''), 47 C.F.R. §
2.803(a). As explained below, future violations of the
Commission's rules in this regard may subject your company
to monetary forfeitures.
The equipment authorization for the LRT-1 learned mode
remote control transmitter device (``learned mode
transmitter'') manufactured by Tung Shih Technology Co.,
Ltd. was revoked on April 18, 2005 (copy of revocation order
enclosed).1 Following the issuance of the revocation order,
we received a complaint indicating that you were continuing
to market the LRT-1 through your website, www.garage-door-
openers.com. Our internet research also indicates that you
are continuing to market the LRT-1.
Section 302(b) of the Act provides that ``[n]o person
shall manufacture, import, sell, offer for sale, or ship
devices or home electronic equipment and systems, or use
devices, which fail to comply with regulations promulgated
pursuant to this section.'' Section 2.803(a)(1) of the
Commission's implementing regulations provides that:
no person shall sell or lease, or offer for sale or
lease (including advertising for sale or lease), or
import, ship, or distribute for the purpose of selling
or leasing or offering for sale or lease, any radio
frequency device unless ... [i]n the case of a device
subject to certification, such device has been
authorized by the Commission in accordance with the
rules in this chapter and is properly identified and
labeled as required by § 2.925 and other relevant
sections in this chapter.
Pursuant to Section 15.201(b) of the Rules, 47 C.F.R. §
15.201(b), intentional radiators, such as the LRT-1 learned
mode transmitter, must be authorized in accordance with the
FCC's certification procedures prior to marketing in the
United States. As noted above, the certification for the
LRT-1 has been revoked. Accordingly, it appears that
Discounted Garage Door Openers has violated Section 302(b)
of the Act and Section 2.803(a) of the Rules by marketing
unauthorized radio frequency devices.
If, after receipt of this citation, you violate the
Communications Act or the Commission's rules in any manner
described herein, the Commission may impose monetary
forfeitures not to exceed $11,000 for each such violation or
each day of a continuing violation. 2
If you choose to do so, you may respond to this
citation within 30 days from the date of this letter either
through (1) a personal interview at the Commission's Field
Office nearest to your place of business, or (2) a written
statement. Your response should specify the actions that
you are taking to ensure that you do not violate the
Commission's rules governing the marketing of radio
frequency equipment in the future.
The nearest Commission field office appears to be the
Los Angeles Office in Cerritos, California. Please call
Brett Greenwalt at 202-418-1303 if you wish to schedule a
personal interview. You should schedule any interview to
take place within 30 days of the date of this letter. You
should send any written statement within 30 days of the date
of this letter to:
Kathryn Berthot
Deputy Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
445-12th Street, S.W., Rm. 7-C802
Washington, D.C. 20554
Under the Privacy Act of 1974, 5 U.S.C. § 552(a)(e)(3),
we are informing you that the Commission's staff will use
all relevant material information before it, including
information that you disclose in your interview or written
statement, to determine what, if any, enforcement action is
required to ensure your compliance with the Communications
Act and the Commission's rules.
The knowing and willful making of any false statement,
or the concealment of any material fact, in reply to this
citation is punishable by fine or imprisonment under 18
U.S.C. § 1001.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kathryn Berthot
Deputy Chief, Spectrum Enforcement
Division
Enforcement Bureau
Federal Communications Commission
Enclosure
_________________________
1 Tung Shi Technology Co., Ltd., 20 FCC Rcd 7801 (Enf. Bur.
2005).
2 See 47 C.F.R. § 1.80(b)(3).